Preview
NORMAN LA FORCE, SBN 102772
FILED
LAW OFFICE OF CHRISTIAN B. GREEN
555 12‘” Street, Suite 600
OCT l 8 2018
Oakland, CA 94607
Direct Line:
Telephone:
Facsimile:
510-645-23 14
510-545-2391
866-853-8846 av
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>
; -b- I.
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Email: Norman.l.‘aForcem.CNA.com
H. AHéG
Attorneys for Respondent
LITTLE ORCHARD BUSINESS PARK OWNERS
ASSOCIATION
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
JULIE T. NGUYEN CASE NO.: 17CV3 1 7898
Petitioner, Assigned for All Purposes
Judge: Hon. Theodore Zayner
V. Dept: 6
LITTLE ORCHARD BUSINESS PARK NORMAN LA FORCE DECLARATION IN
OWNERS ASSOCIATION, SUPPORT OF EX PARTE APPLICATION
FOR ORDER CONTINUEING TRIAL
Respondent. DATE AND RELATED DEADLINES
Ex Parte Hearing
Date:
Time:
Dept: 6
Complaint Filed: October 23, 201 7
Current Trial date: December 17, 2018
NORMAN LA FORCE DECLARATION ISP OF PARTIES” EX PARTE FOR TRIAL CONTINUANCE
I, Norman La Force, declare as follows:
1. I am an attorney duly licensed t0 practice law before all courts of the
State of California. I am counsel 0f record for Little Orchard Business Park Owners
Association, the Respondent in this case. I make this declaration based upon my own
personal knowledge, except as t0 those matters stated on information and belief, and as
to those matters I believe them to be true. If called as a witness, I could and would
competently testify as follows:
2. Petitioner filed a Complaint on October 23, 2017.
3. Petitioner filed a Petition for Writ 0f Mandate on July 6, 2018. The Court
set the hearing on August 9, 2018.
4. On August 9, 2018, the Court set this matter for Trial on December 17,
2018.
5. This matter assigned to me to take over from the former counsel, and I
filed the substitution with the Court 0n September 17, 2018.
7. When I learned that the trial date is set for December 17, 2018, Icontact
Petitioner’s counsel, who is also substituted in recently, and told him that I will not be
available for trial due t0 a pre-paid family holidays from December l7, 2018 to
December 31, 2018.
8. At the meet and conferring call, Petitioner counsel agreed that a trial
continuance in this matter. Attached please find the Parties stipulation to continue trial
is attached hereto as Exhibit 1.
9. On October 1 1, 2018, I emailed counsel to inform him that Iwould most
likely be appearing on October l8, 2018 with my ex parte application. On October l6,
2018, Icalled Plaintiff’s counsel and told him that I would be appearing at 8: 15 a.m. on
October l8, 2018 in Department 6 of this court with the ex parte application as required
by Rule of Court Rule 3. 1203. On the following day, I had the ex parte application and
supporting papers served on Petitioner’s counsel.
2
NORMAN LA FORCE DECLARATION ISP OF PARTIES' EX PARTE FOR TRIAL CONTINUANCE
I declare under penalty of perjury under the laws 0f the State of California that
the foregoing istrue and correct to the best of my knowledge and that this declaration
was executed 0n October 16, 2018 at Oakland, California.
( NORMAN LA FORCE
3
NORMAN LA FORCE DECLARATION ISP OF PARTIES” EX PARTE FOR TRIAL CONTINUANCE
EXHIBIT “A”
NORMAN LA FORCE, SBN 102772
LAW OFFICE OF CHRISTIAN B. GREEN
555 12‘“ Street, Suite 600
Oakland, CA 94607
Direct Line: 510-645-23 l4
Telephone: 510-545-2391
Facsimile: 866-853-8846
Email: Nom1an.LaForce@CNA.com
Attorneys for Respondent
LITTLE ORCHARD BUSINESS PARK OWNERS
ASSOCIATION
\OOO\10\
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
10
11 JULIE T. NGUYEN CASE NO.: 17CV3 17898
12 Petitioner, Assigned for All Purposes
Judge: Hon. Theodore Zayner
13 v. Dept.: 6
14 LITTLE ORCHARD BUSINESS PARK STIPULATION TO CONTINUE TRIAL
OWNERS ASSOCIATION, DATE AND RELATED DEADLINES;
15
DECLARATION OF NORMAN LA
Respondent. FORCE
16
17
Complaint Filed: October 23, 201 7
Current Trial date: December 17, 201 8
18
19 Petitioner, JULIE T. NGUYEN (“Petitioner”) and Respondent LITTLE ORCHARD
20 BUSINESS PARK OWNERS ASSOCIATION (“Respondent”), (collectively “Parties”)
21 hereby agree and stipulate as follows:
22 WHEREAS, trialin this matter is set forDecember 17, 201 8;
23 WHEREAS, a new counsel, Norman La Force, for Respondent filed itssubstitution in
24 this case on September 17, 201 8;
25 WHEREAS, the Parties’ counsel have “met and conferred” and agreed that a trial
26 continuance in this matter isnecessary for allPatties;
27 WHEREAS, Norman La Force, trialcounsel for Respondent, will be unavailable clue to
28
PARTIES’ STIPULATION FOR TRIAL CONTINUANCE
5
a paid family holidays from December 17, 201 8 to December 3 1 ,201 8;
WHEREAS, this is the first request for a continuance in this case; and,
WHEREAS, n0 party will be prejudiced by the relief sought herein.
IT IS HEREBY STIPULATED by and between Parties that the Trial currently set to
take place 0n December l7, 201 8,be continued to the latterhalf 0f January 2019, or until a
date soon thereafter as deemed fit by the Court and itscalendar;
IT IS HEREBY FURTHER STIPULATED that all related trialdeadlines including
W”:
expert discovery and designation be continued in accordance with the
Dated: October 15, 2018
new trial
LAW OFFICE OF CHRISTIAN B. GREEN
date of
By: flfim
N’ORMAN LA
%/£/Z>C—«
FORCE, ESQ.
Attorneys for Respondent
LITTLE ORCHARD BUSINESS PARK
OWNERS ASSOCIATION
Dated: Octoberdi, 20 1 8 LAW OFFICE OF DENNIS KOLLENBORN
By: WC“,
DENNIS KOLLENBORN
Attorney for Petitioner
JULIE T. NGUYEN
[PROPOSED] ORDER:
Good cause having been shown and all parties having stipulated thereto, IT IS
HEREBY ORDERED as follows:
._.
. The trial date of December 17, 2018, isvacated;
IQ
. The Trial is continued
toqgggxc £2 I , 2019;
b.)
All trial related deadlines are continued in accordance with the new trialdate.
Date:
Judge of the Superior Court
7
PARTIES’ STIPULATION FOR TRIAL CONTINUANCE
6
PROOF OF SERVICE
I am employed in the County of Alameda, State of California. I am over the age 0f 18 and not
3 a party to the within action; my business address is: 555 12th Street, Suite 600, Oakland, CA
94607.
On October 16, 2018, Iserved the foregoing document described as NORMAN LA FORCE
DECLARATION IN SUPPORT OF STIPULATED EX PARTE APPLICATION FOR
ORDER SHORTENING TIME FOR A MOTION TO CONTINUE TRIAL DATE AND
RELATED DEADLINES on the party(ies) in this action in a sealed envelope addressed as
follows:
DENNIS KOLLENBORN
LAW OFFICE OF DENNIS KOLLENBORN
150 Almaden Blvd., Suite 950
San Jose, CA 951 13
(408) 286-2221 (Tel)
(408) 280-0818 (Fax)
Email: dennisa—IL‘kollenbornlaw.com
g BY E-MAIL OR ELECTRONIC TRANMISSIONS: Icaused the document(s) listed
above t0 be sent to the persons at the e-mail address(es) listed above. Idid not receive, within
a reasonable time after the transmission, any electronic message or other indication that the
transmission was unsuccessful.
X BY MAIL: As follows: I am "readily familiar" with the firm's practice 0f collection and
processing correspondence for mailing. Under that practice itwould be deposited with U.S.
postal service 0n that same day with postage thereon fully prepaid at Oakland, California, in
the ordinary course of business. I am aware that 0n motion of the party served, service is
presumed invalid if postal cancellation date 0r postage meter date is more than one day after
date 0f deposit for mailing in affidavit.
E (State) I declare under penalty of peijury under the laws of the State of California
that the above istrue and correct.
Executed on October 16, 201 8, at Oakland, California.
MICHELE K. HO
4
NORMAN LA FORCE DECLARATION ISP OF PARTIES” EX PARTE FOR TRIAL CONTINUANCE
7
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NORMAN LA FORCE, SBN 102772 FILED LAW OFFICE OF CHRISTIAN B. GREEN 555 12‘” Street, Suite 600 OCT l 8 2018 Oakland, CA 94607 Direct Line: Telephone: Facsimile: 510-645-23 14 510-545-2391 866-853-8846 av demdmm > ; -b- I. m_l Email: Norman.l.‘aForcem.CNA.com H. AHéG Attorneys for Respondent LITTLE ORCHARD BUSINESS PARK OWNERS ASSOCIATION SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA JULIE T. NGUYEN CASE NO.: 17CV3 1 7898 Petitioner, Assigned for All Purposes Judge: Hon. Theodore Zayner V. Dept: 6 LITTLE ORCHARD BUSINESS PARK NORMAN LA FORCE DECLARATION IN OWNERS ASSOCIATION, SUPPORT OF EX PARTE APPLICATION FOR ORDER CONTINUEING TRIAL Respondent. DATE AND RELATED DEADLINES Ex Parte Hearing Date: Time: Dept: 6 Complaint Filed: October 23, 201 7 Current Trial date: December 17, 2018 NORMAN LA FORCE DECLARATION ISP OF PARTIES” EX PARTE FOR TRIAL CONTINUANCE I, Norman La Force, declare as follows: 1. I am an attorney duly licensed t0 practice law before all courts of the State of California. I am counsel 0f record for Little Orchard Business Park Owners Association, the Respondent in this case. I make this declaration based upon my own personal knowledge, except as t0 those matters stated on information and belief, and as to those matters I believe them to be true. If called as a witness, I could and would competently testify as follows: 2. Petitioner filed a Complaint on October 23, 2017. 3. Petitioner filed a Petition for Writ 0f Mandate on July 6, 2018. The Court set the hearing on August 9, 2018. 4. On August 9, 2018, the Court set this matter for Trial on December 17, 2018. 5. This matter assigned to me to take over from the former counsel, and I filed the substitution with the Court 0n September 17, 2018. 7. When I learned that the trial date is set for December 17, 2018, Icontact Petitioner’s counsel, who is also substituted in recently, and told him that I will not be available for trial due t0 a pre-paid family holidays from December l7, 2018 to December 31, 2018. 8. At the meet and conferring call, Petitioner counsel agreed that a trial continuance in this matter. Attached please find the Parties stipulation to continue trial is attached hereto as Exhibit 1. 9. On October 1 1, 2018, I emailed counsel to inform him that Iwould most likely be appearing on October l8, 2018 with my ex parte application. On October l6, 2018, Icalled Plaintiff’s counsel and told him that I would be appearing at 8: 15 a.m. on October l8, 2018 in Department 6 of this court with the ex parte application as required by Rule of Court Rule 3. 1203. On the following day, I had the ex parte application and supporting papers served on Petitioner’s counsel. 2 NORMAN LA FORCE DECLARATION ISP OF PARTIES' EX PARTE FOR TRIAL CONTINUANCE I declare under penalty of perjury under the laws 0f the State of California that the foregoing istrue and correct to the best of my knowledge and that this declaration was executed 0n October 16, 2018 at Oakland, California. ( NORMAN LA FORCE 3 NORMAN LA FORCE DECLARATION ISP OF PARTIES” EX PARTE FOR TRIAL CONTINUANCE EXHIBIT “A” NORMAN LA FORCE, SBN 102772 LAW OFFICE OF CHRISTIAN B. GREEN 555 12‘“ Street, Suite 600 Oakland, CA 94607 Direct Line: 510-645-23 l4 Telephone: 510-545-2391 Facsimile: 866-853-8846 Email: Nom1an.LaForce@CNA.com Attorneys for Respondent LITTLE ORCHARD BUSINESS PARK OWNERS ASSOCIATION \OOO\10\ SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA 10 11 JULIE T. NGUYEN CASE NO.: 17CV3 17898 12 Petitioner, Assigned for All Purposes Judge: Hon. Theodore Zayner 13 v. Dept.: 6 14 LITTLE ORCHARD BUSINESS PARK STIPULATION TO CONTINUE TRIAL OWNERS ASSOCIATION, DATE AND RELATED DEADLINES; 15 DECLARATION OF NORMAN LA Respondent. FORCE 16 17 Complaint Filed: October 23, 201 7 Current Trial date: December 17, 201 8 18 19 Petitioner, JULIE T. NGUYEN (“Petitioner”) and Respondent LITTLE ORCHARD 20 BUSINESS PARK OWNERS ASSOCIATION (“Respondent”), (collectively “Parties”) 21 hereby agree and stipulate as follows: 22 WHEREAS, trialin this matter is set forDecember 17, 201 8; 23 WHEREAS, a new counsel, Norman La Force, for Respondent filed itssubstitution in 24 this case on September 17, 201 8; 25 WHEREAS, the Parties’ counsel have “met and conferred” and agreed that a trial 26 continuance in this matter isnecessary for allPatties; 27 WHEREAS, Norman La Force, trialcounsel for Respondent, will be unavailable clue to 28 PARTIES’ STIPULATION FOR TRIAL CONTINUANCE 5 a paid family holidays from December 17, 201 8 to December 3 1 ,201 8; WHEREAS, this is the first request for a continuance in this case; and, WHEREAS, n0 party will be prejudiced by the relief sought herein. IT IS HEREBY STIPULATED by and between Parties that the Trial currently set to take place 0n December l7, 201 8,be continued to the latterhalf 0f January 2019, or until a date soon thereafter as deemed fit by the Court and itscalendar; IT IS HEREBY FURTHER STIPULATED that all related trialdeadlines including W”: expert discovery and designation be continued in accordance with the Dated: October 15, 2018 new trial LAW OFFICE OF CHRISTIAN B. GREEN date of By: flfim N’ORMAN LA %/£/Z>C—« FORCE, ESQ. Attorneys for Respondent LITTLE ORCHARD BUSINESS PARK OWNERS ASSOCIATION Dated: Octoberdi, 20 1 8 LAW OFFICE OF DENNIS KOLLENBORN By: WC“, DENNIS KOLLENBORN Attorney for Petitioner JULIE T. NGUYEN [PROPOSED] ORDER: Good cause having been shown and all parties having stipulated thereto, IT IS HEREBY ORDERED as follows: ._. . The trial date of December 17, 2018, isvacated; IQ . The Trial is continued toqgggxc £2 I , 2019; b.) All trial related deadlines are continued in accordance with the new trialdate. Date: Judge of the Superior Court 7 PARTIES’ STIPULATION FOR TRIAL CONTINUANCE 6 PROOF OF SERVICE I am employed in the County of Alameda, State of California. I am over the age 0f 18 and not 3 a party to the within action; my business address is: 555 12th Street, Suite 600, Oakland, CA 94607. On October 16, 2018, Iserved the foregoing document described as NORMAN LA FORCE DECLARATION IN SUPPORT OF STIPULATED EX PARTE APPLICATION FOR ORDER SHORTENING TIME FOR A MOTION TO CONTINUE TRIAL DATE AND RELATED DEADLINES on the party(ies) in this action in a sealed envelope addressed as follows: DENNIS KOLLENBORN LAW OFFICE OF DENNIS KOLLENBORN 150 Almaden Blvd., Suite 950 San Jose, CA 951 13 (408) 286-2221 (Tel) (408) 280-0818 (Fax) Email: dennisa—IL‘kollenbornlaw.com g BY E-MAIL OR ELECTRONIC TRANMISSIONS: Icaused the document(s) listed above t0 be sent to the persons at the e-mail address(es) listed above. Idid not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. X BY MAIL: As follows: I am "readily familiar" with the firm's practice 0f collection and processing correspondence for mailing. Under that practice itwould be deposited with U.S. postal service 0n that same day with postage thereon fully prepaid at Oakland, California, in the ordinary course of business. I am aware that 0n motion of the party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date 0f deposit for mailing in affidavit. E (State) I declare under penalty of peijury under the laws of the State of California that the above istrue and correct. Executed on October 16, 201 8, at Oakland, California. MICHELE K. HO 4 NORMAN LA FORCE DECLARATION ISP OF PARTIES” EX PARTE FOR TRIAL CONTINUANCE 7